DEPARTMENT OF PUBLIC ADVOCACYFISCAL YEAR 2019

Fiscal Year 2019 was a time of progress and hope, but unfulfilled potential. With new funding to hire more attorneys, DPA was eager to reduce caseloads for overloaded public defenders and improve services to clients and the Commonwealth. Unfortunately, a year later, vacant positions remain throughout DPA because as new lawyers were arriving, experienced lawyers were leaving for higher salaries and less stress elsewhere. Because of this turnover, some trial offices have caseloads worse than ever before. The Trial Office Caseloads report on the right shows the difference between our “Potential” caseloads without vacancies and the “Actual” caseloads our attorneys had to bear due to staff resignations in FY19. As we look forward to FY20, we must find a way to increase salaries so we can retain talented and experienced employees to serve Kentucky.

Despite the challenges of staffing shortages, our attorneys, alternative sentencing workers, investigators, mitigation specialists, and administrative staff members provided client services in almost 170,000

cases in FY19 with efficiency, professionalism, and distinction. I am so proud of the work of DPA and the people who have dedicated their careers to achieving its mission.

Jerry J. CoxChairman

Mount Vernon

John M. RosenbergPillersdorf,

DeRossett & LanePrestonsburg

Dr. Crystal Rae CoelProfessor

Murray State University

Charles E. English, Jr.English, Lucas, Priest &

Owsley LLPBowling Green

Robert C. EwaldWyatt, Tarrant & Combs

Louisville

K. Gregory HaynesWyatt, Tarrant & Combs

Louisville

Joseph LambertFormer Chief Justice

Lexington

Cortney LollarVice-Chair

Associate ProfessorUK College of Law

Luke MilliganProfessor

Brandeis School of Law

Lewis G. PaisleyStoll Keenon Ogden PLLC

Lexington

Janice PoweRetired P&A Staff

Frankfort

Mark StavskyProfessor

Chase College of Law

Damon L. PrestonPublic Advocate

PUBLIC ADVOCACY COMMISSION

FROM THE PUBLIC ADVOCATE

Cara Lane Cape Executive Staff Advisor

Melanie LoweGeneral Counsel

Melanie A. FooteEducation and Strategic

Planning Branch

B. Scott WestDeputy Public Advocate

OFFICE OF THE PUBLIC ADVOCATE

DPA TRIAL OFFICE CASELOADS

OfficeFunded

Attorney Positions

Potential Caseload

Actual Attorneys on Staff

Actual Caseload

New Cases Assigned to

Office

Caseload % Compared to National Standard

Bell County 5 358.4 3 597.3 1,835 147%Boone County 12 413.8 11 451.5 5,261 155%Bowling Green 12 471.3 11 514.1 6,000 197%Boyd County 11 470.1 9 574.6 5,506 186%Bullitt County 8 470.5 8 470.5 3,940 169%Columbia 9 519.6 7 668.0 4,847 200%Covington 11 471.9 9 576.8 5,574 201%Cynthiana 4 297.8 3 397.0 1,293 116%Danville 5 454.8 5 454.8 2,452 167%Elizabethtown 14 503.4 12 587.3 7,471 190%Frankfort 6 315.0 5 378.0 1,986 115%Georgetown 6 397.8 5 477.4 2,533 173%Glasgow 6 520.2 5 624.2 3,165 197%Harlan 4 387.8 3 517.0 1,578 143%Hazard 9 427.0 7 549.0 3,930 158%Henderson 8 401.1 6 534.8 3,331 143%Hopkinsville 11 412.8 7 648.7 4,646 153%LaGrange 5 373.0 4 466.3 1,908 137%Lexington 22 437.6 22 437.6 10,008 154%London 11 395.9 9 483.9 4,749 153%Louisville* 72 483.0 64 543.4 34,778 138%Madisonville 8 366.1 6 488.2 3,071 138%Maysville 4 373.8 4 373.8 1,652 138%Morehead 9 420.7 8 473.3 3,922 152%Murray 9 433.2 8 487.4 4,012 156%Newport 6 331.7 6 331.7 2,079 133%Nicholasville 5 463.4 5 463.4 2,413 167%Owensboro 12 485.3 9 647.1 5,950 186%Paducah 10 418.9 8 523.6 4,367 168%Pikeville 5 440.8 5 440.8 2,267 147%Prestonsburg 8 451.0 7 515.4 3,761 154%Princeton 4 396.0 4 396.0 1,620 149%Richmond 12 481.2 10 577.4 6,128 179%Shelbyville 5 401.2 5 401.2 2,081 145%Somerset 10 481.1 9 534.6 4,889 182%Stanton 8 446.0 6 594.7 3,629 148%

NATIONAL STANDARD 100%DPA Total 366 445.0 315 517.1 168,632 158%For more information, find us online at www.dpa.ky.gov *The Louisville-Metro Public Defender Office is a non-profit organization

that contracts with DPA for defender services in Jefferson County.

DPA TRIAL CASE ASSIGNMENTS BY COUNTYCounty

Total Cases

Jury Trials

CountyTotal Cases

Jury Trials

CountyTotal Cases

Jury Trials

Adair 829 4 Grant 761 0 McLean 269 0Allen 663 1 Graves 1,899 1 Meade 699 0Anderson 715 0 Grayson 793 2 Menifee 187 0Ballard 343 0 Green 306 1 Mercer 506 0Barren 1,931 4 Greenup 731 1 Metcalfe 180 0Bath 561 0 Hancock 156 0 Monroe 462 2Bell 1,708 6 Hardin 5,106 14 Montgomery 1,459 1Boone 3,013 11 Harlan 1,429 1 Morgan 546 1Bourbon 629 1 Harrison 563 0 Muhlenberg 804 1Boyd 2,356 1 Hart 607 1 Nelson 1,407 3Boyle 1,215 0 Henderson 2,240 9 Nicholas 265 0Bracken 226 1 Henry 709 1 Ohio 905 0Breathitt 800 1 Hickman 110 4 Oldham 870 0Breckinridge 365 0 Hopkins 1,997 0 Owen 265 0Bullitt 2,518 0 Jackson 519 0 Owsley 184 0Butler 353 0 Jefferson* 34,778 37 Pendleton 414 0Caldwell 561 4 Jessamine 1,877 2 Perry 2,148 4Calloway 986 2 Johnson 972 2 Pike 2,264 1Campbell 2,040 1 Kenton 5,575 22 Powell 905 0Carlisle 116 0 Knott 503 1 Pulaski 1,942 5Carroll 833 0 Knox 973 2 Robertson 22 0Carter 1,458 1 Larue 491 0 Rockcastle 811 2Casey 616 3 Laurel 1,163 4 Rowan 1,027 0Christian 4,270 8 Lawrence 561 3 Russell 798 2Clark 1,648 0 Lee 232 0 Scott 1,450 1Clay 1,305 7 Leslie 457 1 Shelby 1,129 0Clinton 446 0 Letcher 1,538 3 Simpson 613 1Crittenden 246 0 Lewis 379 1 Spencer 261 0Cumberland 347 0 Lincoln 739 2 Taylor 1,144 1Daviess 4,879 1 Livingston 246 0 Todd 160 2Edmonson 237 0 Logan 649 2 Trigg 350 1Elliott 196 0 Lyon 268 1 Trimble 307 0Estill 960 5 Madison 3,961 0 Union 491 0Fayette 10,090 15 Magoffin 474 0 Warren 4,112 0Fleming 520 2 Marion 888 2 Washington 327 0Floyd 1,945 0 Marshall 1,122 3 Wayne 909 1Franklin 1,990 1 Martin 382 1 Webster 333 1Fulton 411 5 Mason 888 2 Whitley 865 3Gallatin 390 0 McCracken 3,121 22 Wolfe 537 0Garrard 528 0 McCreary 422 0 Woodford 457 0*The Louisville-Metro Public Defender Office is a non-profit organization that contracts with DPA for defender services in Jefferson County.

DPA’s 38 trial offices represent clients who cannot afford to hire an attorney for their District, Family, Juvenile, or Circuit Court case. When DPA is appointed, defender teams protect clients’ liberty and constitutional rights. We further serve our clients by seeking alternatives to detention like probation, rehabilitation, and specialty court placements. Through zealous advocacy and prudent counseling, DPA’s trial offices ensure fairness and improve outcomes for clients in the criminal justice system.

When a client’s case does not end in the trial court, the Post-Trial Division steps in. Recent studies have estimated that around 4% of the prison population are there for a crime they did not commit and even more are serving sentences for convictions tainted by legal errors. Post-Trial Division teams stand with clients in custody as they challenge their conviction or sentence, so that the justice system can fix its mistakes. Whether it is an appeal, a challenge to a juvenile placement, a post-conviction claim in a trial court, or an investigation of a wrongful conviction of an innocent person, the Post-Trial Division protects justice and fairness through access to effective counsel even after a client has been convicted.

TRIAL AND POST-TRIAL DIVISIONS

*The Louisville-Metro Public Defender Office is a non-profit organization that contracts with DPA for defender services in Jefferson County.

Glenda EdwardsFormer Trial Director

2011-2019

Shanda West-StilesSouthern Region

Eric StovallWestern Region

Renae TuckCentral Region

Brian HewlettNorthern Region

Traci HancockEastern Region

Rodney BarnesBluegrass Region

Tim ArnoldPost-Trial Director

Samuel CoxTrial Director

Kathleen SchmidtAppeals Branch

Samuel N. PotterPost-Conviction Branch

LOUISVILLE METRO PUBLIC DEFENDERS

Leo G. SmithChief Defender

Defender services in Jefferson County are provided by the independent ly-operated Louisville Metro Public Defender’s Office, a non-profit corporation funded jointly by the Department of Public Advocacy and the Louisville

Metro Government. The Chief Public Defender in Jefferson County is Leo G. Smith, who joined the office in 1982 and served as Deputy Chief from 1996 until October 2018, when he succeeded Daniel T. Goyette as Chief. Founded in 1971, the Louisville Metro Public Defender’s Office has a distinguished history and well-deserved reputation for effective client-centered advocacy.

1619

26

36

10

20

30

40

July - Dec 2017 Jan - June 2018 July - Dec 2018 Jan - June 2019

Attorney Resignations are Spiking Due to Inadequate Salaries and

Stressful Work Conditions

Attorney Resignations, by Six-Month Periods

62 Attorneys Left DPA in FY19, 20% of our defender workforce!

TRIAL AND POST-TRIAL MANAGERS

0.34%Only

of DPA Cases in FY19

Ended in a Jury Trial

Following the death of her sister, Jeanne began a 13 year addiction that ended with a felony charge. She was completely against going to substance abuse treatment when it was offered, but she knew that her options were limited. She had tried to quit several times in the past, but had always relapsed. Alternative Sentencing Worker Alisha Baldridge of the Hazard Trial Office was able to help Jeanne by finding a substance treatment bed and a way to pay for it at Hope in the Mountains in Prestonsburg, KY.

While Jeanne admits that she resented being in treatment for the first few weeks, she then started taking a hard look at her life. She began learning ways to cope with things differently. Jeanne did so well in treatment that she was moved to transitional housing to prepare for life at home. Jeanne is optimistic for her new sober life.

DPA ANNUAL AWARDS

LAW OPERATIONS DIVISION

ASW Alisha Baldridge with Jeanne at Hope in the Mountains

Jason CloydDirector

The 17 employees of the Law Operations Division work diligently to support DPA’s workforce, enabling defender teams to focus on client services. Through Human Resources, Information Technology, Defender Services, and the Fiscal Branch, the LOPS Division is a team of experts who assist employees with payroll, benefits, technology, or reimbursement needs and who support the Alternative Sentencing Worker Program. In short, the Division keeps the agency running, efficiently and within budget.

Defender General Funds

Defender Non-General Funds*

Protection & Advocacy

*Non-General Funds include funding from federal and state grants, court-ordered client fees, and a portion of collected

DUI service fees and court costs.

$64,721,400$4,297,297$2,263,153

Erica Michelle RolandEdward C. Monahan AwardKami Daws GranadeDefender Uprising AwardAvery SeegerAnthony Lewis Award

Glenda EdwardsClarence Earl Gideon AwardDaniel T. GoyetteNelson Mandela Lifetime Achievement Award

Robin J. RawlinsRosa Parks AwardSerah E. WiedenhoeferProfessionalism & Excellence Award

Renee Vanden Wall BakeIn Re: Gault AwardVicky PhillippeCindy Lovell Downs Award

Susan Jackson Balliet, Kathleen Schmidt, and Erin H. Yang - Quill Pen Award

6,099 Total New ASW Assignments

4,643 ASW Plans Presented to Court

2,954 Clients with an Alternative Sentencing Plan Approved

$35,343,724 Potential State Savings from Approved Plans in the First Year

ALTERNATIVE SENTENCING WORKERS

Law Operations Division$2,118,006

Post-Trial Division$6,517,443

Office of Public Advocate$799,857

Education Branch(includes Recruiting)

$1,049,41038 Trial Offices

$56,533,981

DPA FUNDING

THE ST. CLAIR TEAM - FURMAN AWARD

Appellate Briefs Filed

New Post-Conviction Appointments

New Juvenile Post-Disposition Cases

Clients Obtained Post-Trial Relief

Years of Prison Time Potentially Saved

The Protection and Advocacy Division (P&A) has a mission of protecting and promoting the rights of Kentuckians with disabilities. P&A is primarily federally funded and operates independently within DPA.

The Second Amended Settlement Agreement (SASA) signed in October 2018, between the Cabinet for Health and Family Services (CHFS) and P&A, focused on the delivery of community supports and services to eligible individuals with Serious Mental Illness. The SASA should allow more individuals to safely transition from institutional settings to community housing.

“The latest Agreement shows that the Cabinet recognizes that recovery is possible and that the

best place for recovery to occur is in the community. We will continue to monitor the rollout of this Agreement and to advocate for long-term systemic change,” reported Jeff Edwards, Director of P&A.

Today, over 925 individuals with a Serious Mental Illness are living successfully in the community with full tenancy rights, having received supported housing assistance as well as other supports and services from CHFS under the terms of the prior agreements. The SASA includes several new performance-based measures to ensure quality and sustainability.

PROTECTION & ADVOCACY DIVISION

Jeff EdwardsDirector

P&A Supervisors

Defender General Funds

Defender Non-General Funds*

Protection & Advocacy

Samara J. BakerDavid M. BarronKatherine BlairJustin C. Brown

James DrummondJim Gibson

Linda HorsmanSteve Mirkin

Samuel N. PotterTheodore S. Shouse

Teresa WhitakerRobert C. Yang

Susan Jackson BallietClay BeinekeDonna Boyce

Scott B. DrabenstadtHeather L. Gatnarek

Jonathan G. HienemanChristopher McCrary

Julie NamkinEmily Rhorer

Shannon Dupree SmithAudrey WoosnamVincent P. Yustas

For almost a quarter of a century, the Commonwealth of Kentucky sought to execute Michael St. Clair, a man with an intellectual disability, but thanks to the efforts of the twenty-four (24) team members listed to the left, St. Clair will not be executed. These award recipients saved the Commonwealth from committing an unconstitutional and unjust act, and literally saved their client's life.

Photo does not include all award receipents

DPA BY THE NUMBERS

168,632445

100%

Total New Trial Cases

Average Caseload Per Attorney

Number of DPA Offices with Average Caseloads Higher Than National Standards

Funding Per New Trial Case

Funding Per Conflict Case

TRIA

L

220 233 240112

1192 POST

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AL

$335 $388

DPA LEADERSTR

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OFF

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DIR

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ATT

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Stephen FlorianBurlington

James RhorerBowling Green

Greg GriffithCatlettsburg

Lauren Bieger HunterColumbia

Daniel SchubertCovington

C. Gale RoseCynthiana

Jessica BuckDanville

Susie HurstElizabethtown

Nathan GoodrichFrankfort

Karema EldahanGeorgetown

Greg BerryGlasgow

Clay BeinekeHarlan

Will CollinsHazard

Tina McFarlandHenderson

Douglas MooreHopkinsville

Jessica BeardLaGrange

Christopher TracyLexington North

Lindsay PerdueLexington South

Michael BrophyLondon

James ChamberlainMadisonville

Christopher KippleyMaysville

Charles LandonMorehead

Cheri RiedelMurray

Eva HagerNewport

Erica RolandNicholasville

Leigh JacksonOwensboro

Chris McNeillPaducah

Garland ArnettPikeville

Linda WestPineville

VacantPrestonsburg

Jason PfeilPrinceton

Valetta BrowneRichmond

Virginia PhelpsShelbyville

Jennifer WittmeyerShepherdsville

Emily CampbellSomerset

Lisa WhismanStanton

Kim GreenEast

Joanne LynchWest

Steven BuckAppeals

Kieran ComerPost-Conviction

Frankfort

Roy DurhamAppeals

Suzanne HopfKentucky Innocence

Project

Laura KaremJuvenile

Post-Disposition

Kara LewisPost-Conviction

LaGrange

M. Brian RogersAssistant Division

Director

Sherri PayneHuman Resources Branch Manager

Scott RichardInformation Technology

Branch Manager

Dawn GasserAlternative Sentencing

Worker Program Supervisor

Ray IbarraSupervisor

CA

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